Regulation (EU) No 1306/2013 of the European Parliament and of the CouncilShow full title

[F1 TITLE VI U.K. CROSS-COMPLIANCE

CHAPTER I U.K. Scope

Article 91 U.K. General principle

1. Where a beneficiary referred to in Article 92 does not comply with the rules on cross-compliance as laid down in Article 93, an administrative penalty shall be imposed on that beneficiary.

2. The administrative penalty referred to in paragraph 1 shall only apply where the non-compliance is the result of an act or omission directly attributable to the beneficiary concerned; and where one, or both, of the following additional conditions are met:

(a) the non-compliance is related to the agricultural activity of the beneficiary;

(b) the area of the holding of the beneficiary is concerned.

[F2 With regard to forest areas, however, this penalty shall not apply in so far as no support is claimed for the area concerned in accordance with point (a) of Article 21(1), and Articles 30 and 34 of Regulation (EU) No 1305/2013.]

3. For the purpose of this Title the following definitions shall apply:

(a) 'holding' means all the production units and areas managed by the beneficiary referred to in Article 92 situated within [F3 Wales][F4 England][F5 Scotland][F6 Northern Ireland];

(b) "requirement" means each individual statutory management requirement F7 ... referred to in Annex II within a given act, differing in substance from any other requirements of the same act.

Textual Amendments

F2 Words in Art. 91(2) omitted (W.) (31.12.2020 in so far as relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(a)

F3 Word in Art. 91(3)(a) substituted for “the United Kingdom” (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(13)(b); and word in Art. 91(3)(a) substituted for “the United Kingdom” (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(15)

F4 Word in Art. 91(3)(a) substituted for “the United Kingdom” (E.) (1.1.2021) by The Direct Payments to Farmers and Cross-Compliance (Simplifications) (England) (Amendment) Regulations 2020 (S.I. 2020/1387), regs. 1(1), 4(6)

F5 Word in Art. 91(3)(a) substituted for “the United Kingdom” (S.) (1.1.2021) by The Common Agricultural Policy (Simplifications and Improvements) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/349), regs. 1, 3(4)

F6 Words in Art. 91(3)(a) substituted for “the United Kingdom” (N.I.) (25.2.2021) by The Direct Payments to Farmers (Simplifications) Regulations (Northern Ireland) 2021 (S.R. 2021/42), regs. 1(1), 12

F7 Words in Art. 91(3)(b) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(1)(b); and words in Art. 91(3)(b) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(1)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 92 U.K. Beneficiaries concerned

[F8 Article 91 shall apply to beneficiaries receiving F9 ... the annual premia under points (a) and (b) of Article 21(1), Articles 28 to 31, 33 and 34 of Regulation (EU) No 1305/2013.

[F10 However, Article 91 shall not apply to the support referred to in Article 28(9) of Regulation (EU) No 1305/2013.]]

[F8 Article 91 shall apply to beneficiaries receiving direct payment support.]

Textual Amendments

F8 Art. 92 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(2)

F9 Words in Art. 92 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(2)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 92 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(2)(b) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(a)); 2020 c. 1, Sch. 5 para. 1(1)

Article 93 U.K. Rules on cross-compliance

1. The rules on cross-compliance shall consist of the statutory management requirements F11 ... and the standards for good agricultural and environmental condition of land established [F12 in the constituent nation] as listed in Annex II, relating to the following areas:

(a) environment, climate change and good agricultural condition of land;

(b) public, animal and plant health;

(c) animal welfare.

2. The legal acts referred to in Annex II concerning the statutory management requirements shall apply in the version in force and, in the case of Directives, as implemented [F13 in the constituent nation].

F14 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Words in Art. 93(1) omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(a)(i); and words in Art. 93(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 93(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(a)(ii); and words in Art. 93(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 93(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(3)(b); and words in Art. 93(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Art. 93(3)-(5) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

Article 94 U.K. Obligations [F15 of Member States] relating to good agricultural and environmental condition

[F16 The relevant authority] shall ensure that all agricultural area, including land which is no longer used for production purposes, is maintained in good agricultural and environmental condition. [F17 The minimum standards for beneficiaries for good agricultural and environmental conditions of land are as set out in the legislation applying in the constituent nation.]

[F18 The relevant authority] shall not define minimum requirements which are not established in Annex II.

Textual Amendments

F15 Words in Art. 94 heading omitted (W.) (31.12.2020 in so far as it relates to direct payments) by virtue of The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(14); and words in Art. 94 heading omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(za) (as inserted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(a)(i); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(a)(ii); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 94 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(4)(b); and words in Art. 94 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 95 U.K. Information to beneficiaries

[F19 The relevant authority] shall provide the beneficiaries concerned, where appropriate by the use of electronic means, with the list of the requirements and standards to be applied at farm level, as well as clear and precise information thereon.

Textual Amendments

F19 Words in Art. 95 substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(5); and words in Art. 95 substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(5); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. Control system and administrative penalties in relation to cross-compliance

Article 96 U.K. Checks of cross-compliance

1. [F20 The relevant authority] shall make use, where appropriate, of the integrated system laid down in Chapter II of Title V and in particular of points (a), (b), (d), (e) and (f) of Article 68(1).

[F20 The relevant authority] may make use of their existing administration and control systems to ensure compliance with the rules on cross-compliance.

Those systems, and notably the system for the identification and registration of animals set up [F21 in the constituent nation] in accordance with Council Directive 2008/71/EC(1) and Regulations (EC) No 1760/2000 and (EC) No 21/2004, shall be compatible with the integrated system referred to in Chapter II of Title V of this Regulation.

2. Depending on the requirements, standards, acts or areas of cross-compliance in question, [F22 the relevant authority] may decide to carry out administrative checks, in particular those already provided for under the control systems applicable to the respective requirement, standard, act or area of cross-compliance.

3. [F23 The relevant authority] shall carry out on-the-spot checks to verify whether a beneficiary complies with the obligations laid down in this Title.

4. [F24 The appropriate authority may make regulations], laying down rules on the carrying out of checks in order to verify compliance with the obligations referred to under this Title, including rules allowing that risk analysis takes account of the following factors:

(a) a farmer's participation in the farm advisory system as provided for in Title III of this Regulation;

(b) a farmer's participation in a certification system, if it covers the requirements and standards concerned.

F25 ...

Textual Amendments

F20 Words in Art. 96(1) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(a)(i); and words in Art. 96(1) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 96(1) inserted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(a)(ii); and words in Art. 96(1) inserted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 96(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(b); and words in Art. 96(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(b); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 96(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(6)(c); and words in Art. 96(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(6)(c); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 96(4) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 23(a); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 96(4) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 23(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 97 U.K. Application of the administrative penalty

1. The administrative penalty provided for in Article 91 shall be imposed where the rules on cross-compliance are not complied with at any time in a given calendar year ('the calendar year concerned'), and where the non-compliance in question is directly attributable to the beneficiary who submitted the aid application or the payment claim in the calendar year concerned.

F26 ...

2. In cases in which the land is transferred during the calendar year concerned or the years concerned, paragraph 1 shall also apply where the non-compliance in question is the result of an act or omission directly attributable to the person to whom or from whom the agricultural land was transferred. By way of derogation from the first sentence, where the person to whom the act or omission is directly attributable has submitted an aid application or a payment claim in the calendar year concerned or the years concerned, the administrative penalty shall be imposed on the basis of the total amounts of the payments referred to in Article 92 granted or to be granted to that person.

For the purpose of this paragraph, 'transfer' means any type of transaction whereby the agricultural land ceases to be at the disposal of the transferor.

3. Notwithstanding paragraph 1, and subject to the rules to be adopted pursuant to Article 101, [F27 the relevant authority] may decide not to apply an administrative penalty per beneficiary and per calendar year when the amount of the penalty is [F28 EUR 100][F28 £100] or less.

Where [F29 the relevant authority] decides to make use of the option provided for in the first subparagraph, the competent authority shall, for a sample of beneficiaries, take in the following year the actions necessary to verify that the beneficiary has remedied the findings of non-compliance concerned. The finding and the obligation to take remedial action shall be notified to the beneficiary.

4. The imposition of an administrative penalty shall not affect the legality and regularity of the payments to which it applies.

Textual Amendments

F26 Words in Art. 97(1) omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(a) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 97(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(7)(a); and words in Art. 97(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(b)(i) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Sum in Art. 97(3) substituted (W.) (31.12.2020 in so far as it relates to direct payments) by The Direct Payments to Farmers and Rural Affairs (Miscellaneous Amendments etc.) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1556), regs. 1(2)(a), 2(15); and sum in Art. 97(3) substituted (W.) (26.3.2021 in so far as it relates to domestic support for rural development) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 2(16)

F29 Words in Art. 97(3) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(7)(b); and words in Art. 97(3) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(7)(b)(ii) (as substituted by S.I. 2020/1445, regs. 1(2)(b), 3(8)(c)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Article 98 U.K. Application of the administrative penalty in Bulgaria, Croatia and Romania

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Art. 98 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(8); and Art. 98 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(8); 2020 c. 1, Sch. 5 para. 1(1)

Article 99 W+S+N.I. Calculation of the administrative penalty

1. The administrative penalty provided for in Article 91 shall be applied by means of reduction or exclusion of the total amount of the payments listed in Article 92 granted or to be granted to the beneficiary concerned in respect of aid applications he has submitted or will submit in the course of the calendar year of the finding.

For the calculation of those reductions and exclusions, account shall be taken of the severity, extent, permanence and reoccurrence of the non-compliance found as well as of the criteria set out in paragraphs 2, 3 and 4.

2. In the case of non compliance due to negligence, the percentage of reduction shall not exceed 5 % and, in the case of reoccurrence, shall not exceed 15 %.

[F31 The relevant authority] may set up an early warning system that applies to cases of non-compliance which, given their minor severity, extent and duration, shall not, in duly justified cases, lead to a reduction or exclusion. Where [F32 the relevant authority] decides to make use of this option, the competent authority shall send an early warning to the beneficiary, notifying the beneficiary of the finding and the obligation to take remedial action. In case a subsequent check establishes that the non-compliance has not been remedied, the reduction pursuant to the first subparagraph shall be applied retroactively.

However, cases of non-compliance which constitute a direct risk to public or animal health shall always lead to a reduction or exclusion.

[F31 The relevant authority] may give priority access to the farm advisory system to the beneficiaries who have received for the first time an early warning.

3. In the case of intentional non-compliance, the percentage reduction shall in principle not be less than 20 % and may go as far as total exclusion from one or several aid schemes and may apply for one or more calendar years.

4. In any event, the total amount of reductions and exclusions for one calendar year shall not be more than the total amount referred to in the first subparagraph of paragraph 1.

Textual Amendments

F31 Words in Art. 99(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(9)(a); and words in Art. 99(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 99(2) substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(9)(b); and words in Art. 99(2) substituted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(9)(b); 2020 c. 1, Sch. 5 para. 1(1)

F33 Article 100 U.K. Amounts resulting from cross-compliance

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Art. 100 omitted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by virtue of The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 8(10); and Art. 100 omitted (31.12.2020 in so far as it relates to common organisation of the markets and rural development measures) by virtue of The Common Agricultural Policy (Financing, Management and Monitoring) (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/763), regs. 1, 8(10); 2020 c. 1, Sch. 5 para. 1(1)

Article 101 U.K. F34 ... Powers in relation to the application and calculation of administrative penalties

1. In order to ensure a correct distribution of the funds to the entitled beneficiaries and that cross-compliance is carried out in an efficient, coherent and non-discriminatory way, the [F35 appropriate authority may make regulations]:

F36 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) laying down the conditions for the application and calculation of the administrative penalties due to cross-compliance, including in the case of non-compliance directly attributable to the beneficiary concerned.

2. The [F37 appropriate authority may make regulations] laying down detailed procedural and technical rules concerning the calculation and application of administrative penalties referred to in Articles 97 to 99, including as regards beneficiaries consisting of a group of persons under Articles 28 and 29 of Regulation (EU) No 1305/2013.

F38 ...]

Textual Amendments

F34 Word in Art. 101 heading omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(a); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 101(1) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F36 Art. 101(1)(a) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F37 Words in Art. 101(2) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(c)(i); 2020 c. 1, Sch. 5 para. 1(1) (note that Art. 101(2) was previously substituted (31.1.2020 in so far as it relates to the Common Agricultural Policy direct payment schemes) by The Financing, Management and Monitoring of Direct Payments to Farmers (Amendment) Regulations 2020 (S.I. 2020/90), regs. 1(2), 9(1)(c))

F38 Words in Art. 101(2) omitted (31.12.2020) by virtue of The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 24(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Title 6 revoked (E.) (1.1.2024) by The Agriculture (Removal of Cross-Compliance and Miscellaneous Revocations and Amendments, etc.) (England) Regulations 2023 (S.I. 2023/816), reg. 1(1), Sch. Pt. 1 para. 1 Table 1 (with Sch. Pt. 2 para. 2)

(1)

Council Directive 2008/71/EC of 15 July 2008 on the identification and registration of pigs (OJ L 213, 8.8.2008, p. 31).